May 2--Monday--a.m.
State v. Kyle Carter, No. 112,269 (Sedgwick)
Direct appeal; first-degree premeditated murder
Samuel Schirer
[Affirmed; Beier; September 30, 2016]
- Prosecutorial misconduct
- Preliminary instruction on reasonable doubt
- Failure to give lesser-included offense instruction
- Improper aiding and abetting instruction
Korey A. Kaul
- Failure to substitute counsel
Gerald E. Wells
[Affirmed; Beier; September 30, 2016]
- Insufficient evidence
- Prosecutorial misconduct
May 3--Tuesday--a.m.
State v. Jose Solis, No. 111,556 (Johnson)
Direct appeal; premeditated first-degree murder
Carol Longenecker Schmidt
[Affirmed; Johnson; September 9, 2016]
- Improper admission of prior bad act evidence
- Failure to give limiting instruction
- Failure to give lesser-included offense instructions
- Improper reasonable doubt instruction
Johnathan M. Grube (brief); Carol Longenecker Schmidt (argue)
- Failure to allow withdrawal of plea
- Failure to inform defendant of possibility of civil commitment
Catherine A. Zigtema
- Improper imposition of hard-50 sentence
- Improper instructions on intent, premeditation, aiding and abetting, etc.
- Failure to accept plea to non-homicide charges
- Failure to suppress statements
- Improper admission of statements obtained during psychological exam
May 4--Wednesday--a.m.
State v. Antonio Brown, Sr., No. 111,166
Direct appeal; felony murder
Peter Maharry
- Failure to suppress statements
- Improper imposition of upward departure
- Failure to give lesser-included offense instructions
- Insufficient evidence of obstruction
Rebecca L. Kurz (brief); Michael P. Whalen (argue)
[Affirmed; Rosen; August 12, 2016]
- Instruction on burden of proof for self defense
- Prosecutorial misconduct
- Failure to substitute counsel
Peter Maharry
- Improper admission of autopsy photos
- Improper exclusion of evidence of civil suit
- Prosecutorial misconduct
- Failure to give lesser-included offense instructions
Samuel Schirer
[Affirmed; Rosen; June 24, 2016]
- Insufficient evidence
- Failure to suppress statements
- Improper aiding and abetting instruction
- Improper certification for adult prosecution (Apprendi)
May 5--Thursday--a.m.
State v. Bryant Seba, No. 113,149 (Pratt)
Direct appeal; premeditated first-degree murder
Michelle A. Davis
[Affirmed; Luckert; September 30, 2016]
- Insufficient evidence
- Failure to give lesser-included offense instructions
- Improper definition of "intentionally"
- Failure to give instructions for imperfect self-defense
- Improper admission of gruesome photographs
Direct appeal (petition for review); aggravated kidnapping
Randall L. Hodgkinson
- Defective complaint
- Improper classification of prior conviction